The group says the rule represents an impermissible attempt to make an end-run around established judicial precedent for requiring a showing of injury to competition to sue and win under Section 202 of the Packers and Stockyards Act.

“Worse than a solution in search of a problem, the proposed rule would cause widespread confusion and inflict staggering costs on the meat and poultry industries, ultimately to the detriment of American consumers,” says NCC Interim President Gary Kushner.

NCC highlighted the many flaws associated with this rule in detailed comments to the ASF, including the fact that it would try to fundamentally alter the nature of PSA Section 202 violations in a manner that exceeds the authority of AMS. “This proposed rule is ill-advised and unconstitutionally vague,” Kushner added.